The Ability-to-Repay Rule provides that general qualified mortgages, among other requirements may not. This transitional qualified mortgage category will expire on January 10, However, among the exceptions in the proposed rule is that the risk retention requirements do not apply if all of the assets collateralizing the securities are QRMs. While the criteria for a QRM in the proposed rule are similar to the criteria for a QM set forth in the Ability-to-Repay Rule, there are some significant differences.
However, if the six agencies adopt some but not all of QM as the definition of QRM, then mortgage lenders and securitizers may have to consider two underwriting standards to satisfy the ability to repay and credit risk retention rules. Find a Member. Browse All Directories. Find an Office. Find an Association. NAR Department Directory. Committees and Directors. Association Executive. New Member. Buyer's Rep. Senior Market. Pivot in Place. Window to the Law. Next Up: Commercial. Smart Home Today.
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Setting the two rules QRM and QM equal creates a common legal benchmark and level of quality between the primary and secondary market. June 8, NAR led a coalition of more than 35 associations requesting a delay in their review of the qualified residential mortgage rule. February 3, The Coalition for Sensible Housing Policy. This makes sense because for well-underwritten, responsibly structured mortgages, low down payments are not a significant driver of default.
What are the major implications of the QRM definition? Most directly, the definition will affect the size of the market for so-called private-label mortgage-backed securities—those securities issued without any government involvement, whether from Ginnie Mae backed by loans guaranteed or insured by the Federal Housing Administration, the Veterans Administration, or the Department of Agriculture , Fannie Mae, or Freddie Mac.
Issues beyond the QRM definition, such as the type and duration of risk retention that will be required for securities backed by non-QRM mortgages, will also have an important impact on that question. But assuming the risk-retention requirement is meaningful, a QRM definition that exempts a large number of sound mortgages from risk retention would likely result in a larger private-label market. Conversely, a rule that has a narrow definition of products that are exempt will likely result in a smaller private-label market.
In either case, effective implementation, including enforcement, of the consumer and investor protection provisions of the rest of Dodd-Frank is essential to making certain that a resurgent private-label mortgage-backed securities market does not lead to another financial and economic disaster. The rule will also have an impact on how the secondary market in mortgages will be structured. What will be the role of Fannie and Freddie? Both financial institutions are now under federal conservatorship, with reform plans now under debate in Congress and within the Obama administration that envision years of unwinding their reliance on federal support.
What would be the case under option 3, which envisions a larger government role to protect the private market from catastrophic risk? Other questions that may be dealt with directly in the rule, but that certainly will be impacted by the rule, whether or not faced head on, include:.
Of more direct interest to those concerned about housing policy, the QRM definition may also influence the availability, price, and terms of mortgages that do not carry a direct federal guarantee. For instance, it is likely that non-QRM mortgages—those requiring risk retention—will be more expensive for borrowers than those within the QRM definition.
Non-QRM mortgages also may be less generally available, and may carry more risky product structures, although they conversely may well be subject to less-restrictive underwriting standards. Only certain qualified mortgages are eligible for sale in the secondary market.
There are several exceptions to qualified mortgage rules. In addition, qualified mortgage regulations permit lenders to issue mortgages that are not qualified. However, there are rules that limit the sale of these loans into the secondary mortgage market and provide fewer legal protections for lenders.
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